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2002 Supreme(Ori) 418

L.MOHAPATRA, R.K.PATRA
Muralidhar Sahu – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioners:M/s. G. Rath, Sr. Advocate, B. R. Sa¬rangi, P. K. Rout and P. K. Kar
For Opp. Parties:Additional Government Advocate for O.Ps. 3 and 4
M/s. J. Patnaik, A. A. Das, R. Rath, B. Mohanty, T. K. Patnaik, P. K.Nayak and S. Das for O.Ps. 5 and 6.

JUDGMENT

R. K. PATRA, J. — Validity of Clauses 6 and 7 of the order of the Government in the Forest and Environment Department communicated in letter No. 17811/F&E. dated 7.11.2000 (Annexure-1) is the subject matter of challenge in this writ petition. Under the im¬pugned Clause 6, the Divisional Forest Officers have been empow¬ered for regulating the transport of Sal leaves including leaf plates and leaf cups made out of Sal leaves by issue of transit per¬mits. As per the impugned Clause - 7, royalty is leviable at 5% of the collection price of Sal leaves.

By the Government order of the Forest and Environment De¬partment contained in letter No. 20437/F&E dated 20.12.2000 (Annexure-A/3) levy of royalty stipulated under the aforesaid Clause -7 has been withdrawn. Therefore, the writ petition chal¬lenging the impugned Clause - 7 has become infructuous. What now remains to be decided is the validity of the impugned Clause - 6 of the Government order (Annexure-1).

2. The petitioners are traders and transporters of leaf plates and leaf cups made out of Sal leaves. Their case is that they have been transporting finished leaf plates and leaf cups made out of Sal leaves to different places




























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